In the context of the intensification of the integration processes of the Russian Federation and the Republic of Belarus, the focus of legal integration on the harmonization and even unification of labor legislation, it seems relevant to address the legal issues of decent work and ensuring the quality of life of citizens of both states, the convergence of state minimum social standards. The main attention in the article is given to such initial axiological legal principles that play a leading role in ensuring decent work and the quality of work life as social justice and humanism in the social and labor sphere, which determines the structure of this article. The problem of quality of life is interdisciplinary. It has not only a legal, but also an economic, sociological, socio-cultural, general philosophical context. Therefore, in the article, along with general scientific and special legal methods, an interdisciplinary approach is widely used. The authors aim is, based on doctrinal developments, normative material and its comparative analysis, to deepen the understanding of the ideas of social justice and humanism in the social and labor sphere, which underlie the legal program of decent work and the concept of the quality of work life with the development of proposals for improving the labor legislation of Russia and Belarus.
The COVID-19 pandemic has become a real challenge for state policy in the field of socio-economic relations in most countries of the world, including Russia. It caused a crisis in both the economy and the labor market. In such conditions, it is necessary to adjust the socio-economic policy of Russia as quickly as possible. At the same time, one of the leading directions of changes should be recognized as the transformation of labor legislation in order to adapt to the conditions of emergency situations. On the one hand, it should continue to promote the protection of workers' labor rights, especially in terms of their life and health, employment and income. On the other hand, labor law should not ignore the interests of employers in order to ultimately preserve the employment of citizens. In a number of Russian regulations, there are references to the specifics of labor regulation in the event of an emergency. However, these norms are clearly not enough for such a force majeure as the COVID-19 pandemic, and the existing regulations cause a lot of problems in the law enforcement process. The measures that are now being taken by the Russian state to prevent the spread of the new COVID-19 infection and minimize its adverse consequences, partly help to solve the problems that have arisen. However, they are adopted on an emergency basis, since there is no corresponding legislative regulation of such issues. In addition, a number of theoretical questions arise. So, for example, new to the science of labor law are the issues of establishing remote work, non-working days, self-isolation and social distancing.
Introduction: the article deals with the problem of violence in the workplace or in another place where the employee performs their labor duties. Statistics show that a significant number of people suffer from violence at work in both Russia and Kazakhstan. The problem of sexual harassment, if considered as a narrower part of the phenomenon of violence in the world of work, is becoming ‘visible’ in the countries of the post-Soviet space, especially in connection with the numerous statements of women who have reported harassment at work. The purpose of our study is to find legal solutions for those who have been subjected to violence and harassment at work since the greatest difficulties for them are: fear of stigmatization, the difficulty of recognizing violence and harassment on the part of colleagues and managers as ‘inappropriate’ behavior, the choice of the form of behavior for both the victim and the employer in a situation where violence has occurred, as well as the process of proving the fact of psychological or physical violence in conjunction with the necessity to expose the specified facts of private life for general discussion. Methods: empirical methods of comparison, description; theoretical methods of formal and dialectical logic; special scientific methods such as the comparative legal method and the method of interpretation of legal norms. Results: we have shown that the legislation and practice of Russia and Kazakhstan in the field of protection from violence and harassment at work are not in complete conformity with international labor standards; formulated some proposals concerning available legal mechanisms to be used for the development of legislation aiming to ensure the protection of workers from violence and harassment. Conclusions: the labor legislation of Russia and Kazakhstan does not protect workers from violence and harassment at work, however, there are attempts made at the level of the executive branch to regulate the problem in a recommendatory manner. Practice shows that employers and employees seek dialogue on this sensitive issue. Judicial practice in Russia and Kazakhstan testifies to the low awareness among judges of the issues concerning protection of workers from such forms of violence as oppression, victimization, mobbing, and harassment
The work is focused on the study of building up the argumentation on the improvement of working life quality, hence it is challenging for the development of the Russian Federation in general and as one of the goals of labor legislation. The survey is based on the economic aspect of the category "quality of working life", supplemented by the characteristics of the category "decent work" postulated by experts in the field of labor law. The work contains the analysis of documents of the International Labor Organization (ILO), program documents of the Russian Federation, and examples of regional regulation of improving the quality of working life. The main result of the study is that the goal of improving the quality of working life should be enshrined in the article 1 of the Labor Code of the Russian Federation as one of the major goals of labor legislation. It also substantiates the need of correcting certain labor law institutions, such as social partnership institutions, employment contracts, training and additional professional education of workers, working time and rest time, and labor protection. Keywordsquality of working life, decent work, sustainable development, labor productivity, labor relations, labor law institutionsI.
Информация о статьеДата поступления -08 ноября 2021 г. Дата принятия в печать -11 апреля 2022 г. Дата онлайн-размещения -20 июня 2022 г. Ключевые слова Электронный кадровый документооборот, правовой эксперимент, трудовой договор, локальные нормативные акты работодателя, электронный документ, защита трудовых прав Внедрение в управленческие процессы электронных технологий привело к необходимости нормативно урегулировать вопросы применения электронного кадрового документооборота. Весной 2020 г. в России проводился правовой эксперимент по использованию электронных документов, связанных с работой. Его результаты стали основой для введения соответствующих поправок в Трудовой кодекс РФ. Авторы предлагают результаты критического анализа как промежуточных итогов правового эксперимента, так и проекта закона о внесении в Трудовой кодекс РФ новой статьи 22.1. На основе обобщения судебной практики по трудовым спорам, связанной с оценкой электронных доказательств, сформулированы выводы и предложения по совершенствованию действующего законодательства.
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